Shanghai Police arrested eight suspects from Farine, a famous French Bakery in Shanghai for using expired flour. Four of the suspects have been detained while the other four have been released on bond pending the trial. The president of Farine, Franck, Louis Pécol (a French national), has fled back to France. The police raided the bakery after being tipped off by an anonymous whistle-blower about Farine’s worrisome sanitation condition and the use of expired flour for baking breads. As a result of the raid, 2300 parcels of flour were found to be faulty.
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Mr. Xi, Xiaoming was a Deputy Chief Justice of the Supreme People's Court of China between June 2004 and July 2015. In July 2015, he was abruptly removed from office by the Communist Party's top body, suspected of corruption. On February 16, 2017, he received a sentence of life imprisonment for taking bribes. The court that passed the verdict found that Xi and his families took bribes as much as RMB 114,596,934 (approximately US$ 17 million).
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For the question, "what are your compliance duties on anti-bribery”, 394 selected Chinese anti-bribery law amounting to 48%, a 11% increase from the 37% from the 2015 survey. Comparatively, 216 selected the FCPA amounting to 26%; in terms of the UK Bribery Act, 139 people made selections amounting to 17%. Despite the dwarfed rankings, we believe the FCPA is still the most influential law for those on whom the FCPA is applicable, so is UK Bribery Act. That said, Chinese anti-bribery law is a very important compliance obligation for companies doing business in China.
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Although it is generally known that the FCPA prohibits those that are subject to it from making bribes to foreign governmental officials, many are not aware that “the FCPA prohibits payments to foreign officials, but not to foreign governments.” The annihilation of the transparency rule merely takes away the need for companies to fully disclose payments to foreign governments, the payment to which not outlawed under the FCPA. It does not grant companies the ability to bribe foreign government officials, as the FCPA continues to prohibit payments to foreign government officials.
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ComplianceinChina.com
conducted surveys on Chinese corporate compliance management for three
consecutive years. Under the auspices of ComplianceinChina.com, one of the
largest and earliest compliance platforms in China, The Compliance Reviews
(www.compliance.reviews or www.compliancereviews.cn) is an English electronic
journal aiming to enhance compliance and risk management in Asia and beyond.
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Predictive
Coding (AKA: algorithm assisted "text categorization") refers to the
use of a software program to identify documents that are relevant or responsive
to a particular case or issue, based on a review of test documents (or a
population of "seed sets", "validation sets" and
"training sets") by lawyers and subject matter experts. The computer
assisted methodology involves a machine learning process and a combination of
different algorithmic tools.
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International investors and businessmen often discover that fraud is not uncommon among their counterparts in China. There exists the perception among some foreign firms that the alleged fraud must be reported to the police in order to successfully resolve contractual fraud disputes. However, this is not always the ideal method and in fact may be detrimental to successful dispute resolution......
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In two corruption cases a decade apart, two governmental officials from the China Food and Drug Administration were heavily punished for taking bribes and endangering the lives of many Chinese Citizens. Not only were they punished, so were their family members. Chinese Criminal Law provides that bribes taken by the family members of an official would be attributed to the amount of bribes taken by the official himself.
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